Restoring Your Gun Rights After a Felony in Virginia
Attorney Steve Duckett explains how to determine the correct state and jurisdiction for starting the gun rights restoration process after a felony in Virginia.
A Gun Rights Restoration Guide for Prince William, Fairfax, Loudoun, and all of Northern Virginia
A felony conviction in Virginia takes away your right to possess a firearm, but there is a legal pathway to ask for those rights back. The process is not automatic, and while you are not required to hire an attorney, gun rights restoration can be complicated, technical, and easy to get wrong. At Battlefield Law Group, our veteran attorneys routinely help clients across Prince William, Fairfax, and Loudoun Counties, as well as throughout Northern Virginia, navigate this process and avoid mistakes that can delay or derail a petition.
What Does a Felony Mean for Your Gun Rights?
In Virginia, a felony conviction removes several civil rights, including the right to own or possess a firearm. Even after you complete your sentence, your gun rights do not return automatically. Restoration requires two steps:
Civil rights restoration through the Governor
A separate gun rights restoration order from the appropriate Virginia circuit court
Only after your civil rights are restored can you petition a court to restore firearm rights.
Where Do You Apply to Restore Gun Rights?
Many people are unsure which court to file in, especially if they have moved.
If you currently live in Virginia
You file your petition in the circuit court for the county where you live, which may include:
Residents in surrounding Northern Virginia jurisdictions, such as Fauquier, Stafford, or Culpeper, would file in their local circuit courts as well.
If you now live out of state
You file your petition in the Virginia circuit court where your most recent Virginia felony conviction occurred, even if you haven’t lived in that county for years.
Because jurisdiction can be tricky for people with multiple convictions or those who moved away, it is helpful to have an attorney confirm the correct court before filing.
Who Is Eligible for Gun Rights Restoration?
Eligibility depends on your history, your current circumstances, and whether federal law still prohibits you from possessing a firearm.
You may be eligible if:
You have fully completed your sentence
You are no longer on probation or parole
Your civil rights have already been restored by the Governor
You have no pending charges
You have maintained a clean, stable record
You can show rehabilitation through work, treatment, or community involvement
You are likely not eligible if:
Your civil rights have not been restored
You are on probation, parole, or facing pending charges
You have recent criminal convictions
You have serious or violent felonies courts view as high risk
You have federal firearms prohibitions (such as certain domestic violence convictions or protective orders)
Your felony occurred in another state that has not restored your civil rights
Even when someone is eligible, judges in Northern Virginia still review public safety concerns and have the discretion to deny petitions.
How Hard Is It to Get Gun Rights Restored?
Restoration is possible, but not guaranteed.
Judges in Northern Virginia evaluate:
The type and seriousness of your felony
How long it has been since your conviction
Your behavior since completing your sentence
The stability of your work, family, and community life
Your reason for seeking firearm rights
Whether you demonstrate rehabilitation and responsibility
Older, non-violent felonies with strong evidence of rehabilitation tend to be more successful.
Is Gun Rights Restoration Common?
Gun rights petitions are filed regularly, but approval depends on the person’s background and the judge reviewing the petition. Courts in Prince William, Fairfax, and Loudoun take these cases seriously and may require more information before granting relief.
The Process: A Simplified Overview
You do not need to memorize legal code or file complex paperwork alone. Here is the streamlined version of how gun rights restoration works in Northern Virginia:
1. Confirm civil rights restoration
Before anything else, you must have a civil rights restoration letter from the Governor.
2. Gather important documents
This includes conviction records, proof that you completed probation, and documents showing stability and rehabilitation.
3. File your petition in the correct circuit court
The court depends on where you currently live or, if out of state, where your Virginia conviction occurred.
4. Get fingerprinted
Virginia requires fingerprints for all firearm restoration requests.
5. Notify the Commonwealth’s Attorney
They can support, oppose, or offer no position on your petition.
6. Attend your hearing
A judge reviews your petition, hears arguments, asks questions, and decides whether to grant or deny restoration.
Most cases take several months, and petitions with complex histories can take longer.
Do You Need an Attorney?
You are not required to hire an attorney, but having one can make a significant difference.
Firearm restoration petitions are technical, and the rules vary depending on the court.
An attorney can help you:
Confirm eligibility
Identify the correct court
Prepare a persuasive petition
Anticipate what the judge and Commonwealth’s Attorney will ask
Present strong evidence of rehabilitation
At Battlefield Law Group, our attorneys regularly handle gun rights restoration cases in Prince William, Fairfax, and Loudoun, as well as nearby Northern Virginia jurisdictions.
How Long Does the Process Take?
Most people can expect:
1 to 3 months for civil rights restoration (if not already completed)
Several additional months for the petition, fingerprints, notice, and hearing
From start to finish, the process may take 4 to 12 months, depending on the court’s schedule and the complexity of your case.
Talk With a Northern Virginia Gun Rights Restoration Attorney
If you live in Prince William, Fairfax, Loudoun, or anywhere in Northern Virginia, you do not have to navigate this process alone. The attorneys at Battlefield Law Group have extensive experience in criminal defense, firearm laws, and gun rights restoration.
We can help you:
Evaluate eligibility
Determine jurisdiction
Prepare a strong petition
Present the best possible case to the court
If you are ready to explore restoring your gun rights, call 571-364-0500 or contact us through our website to schedule a consultation. Our team is ready to help you take the next step toward rebuilding your future.
